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PanelQMEGranted

Maria Ruiz — ADJ12681295

MARIA RUIZ, Applicant vs. LION FARMS, permissibly self-insured, administered by TRISTAR, Defendants

ADJ number: ADJ12681295
Decision date: Oct 23, 2022
District office: Fresno
WCJ: —
Claim administrator: TRISTAR (administering for Lion Farms, permissibly self-insured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: head, right arm, left thigh, right thigh, cervical spine, thoracic spine, lumbar spine, psyche

LC §4650LC §4657LC §5701LC §5702LC §5903LC §5906LC §5952CCR §9785CCR §10152

Summary

Applicant Maria Ruiz, a farm laborer, claimed injury to multiple body parts on March 26, 2019. The WCJ awarded temporary total disability from August 23, 2020 to November 17, 2020, which defendant challenged as unsupported by the QME reporting. The Board found conflicting evidence on temporary disability—the QME Dr. Graham expressly declined to opine on TTD/TPD periods and found no records indicating any, while the WCJ relied on a September 2020 EDD disability claim signed by Dr. Butchart and applicant's testimony. The Board granted reconsideration, amended Finding No. 6 to find insufficient evidence on temporary disability, removed the related award provision, and ordered development of the record. The Board also corrected an inadvertent omission, amending Finding No. 1 and the Award to include the stipulated body parts (right arm, left thigh, right thigh).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.